Criminal Defense Attorneys

Law Offices of Tony M. Seyfi, A Professional Law Corporation

Burglary

Burglary is defined as entering the dwelling or building of another with the intent to commit a felony or larceny therein. You need a burglary defense lawyer if you have been charged with this crime. Under California Penal Code section 459, the perpetrator must intend to commit a crime "prior to" entering the structure. Defendant's intent may be shown if he brought burglary tools, bags, gloves, or weapons to the structure. It is not necessary that the defendant complete the crime. Burglary may be committed upon entry to the dwelling or building of another with the requisite intent.

"Residential burglary" occurs when the offender enters the dwelling of another person during day or night to commit a felony in the house. "Commercial burglary" occurs when the entry is into a store, a department store, a place of business, or someone's office.
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Defenses to Burglary

A common defense to burglary is "mistaken identity".

If the burglary happened at night, or if it happened very quickly, the victim may not have had sufficient time and opportunity to observe the victim. Therefore, a solid defense may be that the defendant was not the perpetrator of the crime. If the defendant was arrested on suspicion of burglary, he can argue that he was on the premises legally or for a legitimate reason.

Sometimes, in the line-up identifications done by the police, impermissive suggestions are made to the victim or a witness to burglary, by pointing out the defendant as a suspect. Your defense attorney may be able to set aside the improper identification as illegal. Your attorney may also be able to order fingerprints of the burglarized are to eliminate the defendant as a suspect.

Sometimes, a "civil compromise" may be reached whereby the defendant makes full "restitution" to the victim, and in exchange the prosecution agrees to drop the criminal charges. This may require that the defendant make a lump-sum payment to the victim. In more serious burglary cases, the prosecution may agree to eliminate the jail time in exchange for full payment of the loss incurred by the victim. Please visit us on
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Criminal prosecution can affect your health, freedom, employment, and social life. You need help and you need the best criminal defense you can get. At the Law Offices of Tony M. Seyfi, with the state of the art computerized legal research tools and forensic techniques, we will focus on identifying the defenses you may have and will develop numerous challenges to any crime possible.

Our goal is victory for our clients and to keep them from going to jail, and we are confident of our defense strategies. If you would like to discuss your case, call us today for a FREE CONSULTATION and case analysis.

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Legal Disclaimer: This web site is for informational purposes only and its use does not constitute legal advice and does not create an attorney-client relationship. You should not act or rely on any information on this web site without first seeking the advice of a Criminal Defense attorney. The Law Offices of Tony M. Seyfi makes no representation or warranty regarding the materials on this web site and assumes no liability for the use or interpretation of information contained herein. The information provided on this web site is provided without warranty of any kind to anyone.